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United States v. Yang

United States District Court, D. New Jersey

July 25, 2019

UNITED STATES OF AMERICA
v.
YUANKAI YANG, Defendant.

          CRAIG CARPENITO United States Attorney

          JASON M. RICHARDSON Assistant United States Attorney

          MICHEL RILEY, ESQ., Attorney for Defendant Yuanaki Yang

          Yuanaki Yang, Defendant

          CONSENT JUDGMENT OF FORFEITURE (MONEY JUDGMENT) AND PRELIMINARY ORDER OF FORFEITURE AS TO SPECIFIC PROPERTY (FINAL AS TO THE DEFENDANT)

          Hon. Noel L. Hillman United States District Judge.

         WHEREAS, on or about defendant Yuankai Yang pleaded guilty pursuant to a plea agreement with the United States to a two-count Information, which charged her with one count of conspiracy to violate the . Arms Export Control Act ("AECA"), in violation of 18 U.S.C. § 371 (Count One), and one count of conspiracy to commit money laundering, in violation of 18 U.S.C. § 1956(h) (Count Two);

         WHEREAS, pursuant to 22 U.S.C. § 401 and 28 U.S.C. § 2461(c), a person convicted of conspiracy to violate AECA, in violation of 18 U.S.C. § 371, shall forfeit to the United States all of her right, title, and interest in any and all arms and munitions of war and other articles exported or removed from the United States or intended to be exported or removed from the United States in connection with the offense charged in Count One of the Information;

         WHEREAS, pursuant to 18 U.S.C. § 982(a)(1), a person convicted of money laundering, in violation of 18 U.S.C. § 1956(h), as alleged in Count Two of the Information, shall forfeit to the United States all property, real and personal, involved in such violation;

         WHEREAS, in the plea agreement, the defendant agreed to forfeit to the United States, pursuant to 18 U.S.C. § 982(a)(1), (i) a sum of money equal to $281, 185, representing the proceeds of the offense charged in Count Two of the Information (the "Money Judgment"), and (ii) pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), all of the defendant's right, title and interest in any and all arms and munitions of war and other articles exposed or removed from the United States or intended to be exported or removed from the United States in connection with the offense charged in Count One of the Information, including but not limited to the property listed on Schedule B hereto (the "Specific Property"), which the defendant admits has the requisite nexus to the offense in Count One to which the defendant has agreed to plead guilty. Any net proceeds from the sale of the Specific Property will be applied to the Money Judgment, in partial satisfaction thereof;

         WHEREAS, Rule 32.2(c)(1) of the Federal Rules of Criminal Procedure provides that no ancillary proceeding is required to the extent that the forfeiture consists of a money judgment;

         WHEREAS, Rule 32.2(b)(4)(A) of the Federal Rules of Criminal Procedure provides that a preliminary order of forfeiture, including a preliminary order of forfeiture consisting of a money judgment, may become final at any time before sentencing if the defendant consents;

         WHEREAS, the provisions of 21 U.S.C. § 853(n} (as incorporated by 28 U.S.C. § 2461(c) and 18 U.S.C. § 982(b)) require publication and notice to third parties known to have alleged an interest in forfeited specific property and the disposition of any petitions filed under 21 U.S.C. § 853(n) before the United States may have clear title to such property;

         WHEREAS, defendant Yuankai Yang:

(1) Consents to the forfeiture to the United States of $281, 185 as a sum of the money representing the proceeds of the offense charged in Count Two of the Information, to which the defendant pleaded guilty, in the form of a criminal forfeiture money judgement to be imposed upon the defendant, ...

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